Overview

Da'Morus A. Cohen is an attorney in Holland & Knight's Miami office and serves as co-chair of the Marketing, Advertising and Sweepstakes Team. Mr. Cohen is also a leader within the Consumer Protection Defense and Compliance Team.

Mr. Cohen helps companies navigate complex consumer protection, advertising, marketing and regulatory compliance issues across a broad range of highly regulated industries. He regularly advises startups, emerging growth companies, privately held businesses and publicly traded companies, including technology companies, financial institutions, automotive companies, retailers, gaming operations and digital platforms. His counsel focuses on the legal and regulatory risks associated with consumer-facing products, marketing initiatives, promotional campaigns and governmental scrutiny.

Governmental Investigative and Regulatory Compliance

Mr. Cohen represents companies in connection with civil investigative demands (CIDs), inquiries and enforcement actions brought by the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), state attorneys general, state regulatory agencies and self-regulatory organizations such as the National Advertising Division (NAD). He frequently counsels clients on developing and enhancing compliance management systems, conducting compliance reviews and audits, mitigating regulatory risk and responding to emerging enforcement priorities.

Advertising, Marketing and Emerging Technologies

Mr. Cohen is particularly experienced in advising companies operating at the intersection of consumer protection law, emerging technologies and marketing innovation. His practice frequently involves helping businesses launch new products, advertising campaigns, promotions and digital platforms while navigating evolving regulatory requirements and enforcement priorities.

Leveraging his extensive experience in advertising, digital marketing and consumer engagement, Mr. Cohen advises businesses on promotional marketing practices, social media and influencer campaigns, loyalty and rewards programs, data-driven marketing initiatives, charitable marketing programs and the use of artificial intelligence (AI) and emerging technologies in consumer-facing operations. He regularly reviews advertising and marketing materials before dissemination and assists clients in designing policies, procedures and governance frameworks aimed at reducing legal and regulatory exposure.

Mr. Cohen also advises investors, acquirers and operating companies on regulatory and compliance considerations arising in mergers, acquisitions, investments and other strategic transactions. His experience includes transactions involving companies subject to regulatory investigations, consent orders, receiverships and post-enforcement remediation obligations. He also counsels clients on commercial arrangements involving advertising, sponsorships, endorsements, talent and influencer relationships, licensing, co-branding initiatives and promotional partnerships.

Gaming, Sweepstakes, Contests and Lottery Law

In addition, Mr. Cohen has significant experience counseling clients in the gaming, fantasy sports, sweepstakes, contest and lottery industries. He advises clients on federal and state gaming laws, promotional marketing requirements, registration and bonding obligations, and the advertising and compliance considerations associated with gaming and promotional programs.

Litigation

When disputes arise, Mr. Cohen represents companies in consumer litigation, class actions, competitor disputes and commercial litigation involving consumer protection, marketing and business practices.

Leadership and Community Involvement

Mr. Cohen serves on the executive committee of the National Bar Association's (NBA) Commercial Law Section, where he helps organize the section's Annual Corporate Counsel Conference and regional programming aimed at connecting legal talent with companies and other organizations.

Mr. Cohen previously served on the Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance for the U.S. District Court for the Southern District of Florida. In that capacity, he assisted the court with attorney admissions, peer review matters, professional responsibility issues and disciplinary proceedings.

Mr. Cohen also actively participates in the pro bono representation of nonprofit companies and charitable institutions. His pro bono work includes counseling clients on advertising and marketing compliance, sponsorship arrangements, commercial co-ventures, charitable sales promotions, fundraising and solicitation requirements, and general consumer protection compliance.

Representative Experience

  • Represented a major retailer in a Federal Trade Commission (FTC) investigation involving allegations of deceptive, unfair and abusive practices
  • Represented an automotive credit company in a state attorney general investigation involving alleged deceptive practices in the sale of add-on products
  • Represented a health and wellness company before the National Advertising Division in a challenge involving allegations of false and deceptive advertising
  • Represented a national bank in a Consumer Financial Protection Bureau investigation involving claims of abusive and deceptive practices
  • Defended a medical device company in a joint FTC and state attorney general investigation involving alleged deceptive practices under the FTC Act and a state consumer protection statute
  • Defended a cosmetics company in a joint FTC and U.S. Department of Justice investigation involving alleged deceptive efficacy and health-related claims
  • Defended a major charitable organization in a joint FTC and state attorney general investigation involving the organization's charitable activities, advertising and solicitation of funds

  • Advised Fortune 500 and Fortune 100 companies on advertising substantiation, promotional and cause-related marketing, influencer marketing, social media campaigns and digital advertising practices
  • Developed compliance frameworks and review processes for advertising, marketing and consumer-facing communications
  • Structured and reviewed sponsorship, endorsement, licensing, influencer, talent and co-branding arrangements
  • Counseled clients on loyalty and rewards programs, charitable marketing campaigns, commercial co-ventures and other promotional partnerships

  • Advised clients on sweepstakes, contests, fantasy sports, e-sports, chance-based promotions and gaming regulations across all 50 states
  • Counseled technology platforms and online marketplaces on consumer protection, platform governance and regulatory compliance
  • Advised companies on the use of artificial intelligence, emerging technologies and digital consumer engagement tools
  • Advised a daily fantasy sports startup on the pre-funding of operations and state licensing requirements

  • Designed and enhanced compliance management systems for companies operating in highly regulated industries
  • Conducted compliance reviews and regulatory risk assessments involving advertising, consumer protection and financial services requirements
  • Developed policies, procedures and training programs addressing consumer protection compliance and emerging regulatory risks

Credentials

Education
  • University of Florida Levin College of Law, J.D.
  • University of South Florida, B.A.
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
Honors & Awards
  • On the Rise, Daily Business Review's Florida Legal Awards, 2022
  • Holland & Knight Emerging Leaders, Class of 2019
  • Pro Bono All Star, Holland & Knight, 2017, 2020, 2021

Publications

Speaking Engagements

News